City Council

411 West First Street City of Duluth Duluth, Minnesota 55802 Minutes - Final City Council MISSION STATEMENT: The mission of the Duluth City Council is to develop effective public policy rooted in citizen involvement that results in excellent municipal services and creates a thriving community prepared for the challenges of the future. TOOLS OF CIVILITY: The Duluth City Council promotes the use and adherence of the tools of civility in conducting the business of the council. The tools of civility provide increased opportunities for civil discourse leading to positive resolutions for the issues that face our city. We know that when we have civility, we get civic engagement, and because we can’t make each other civil and we can only work on ourselves, we state that today I will: pay attention, listen, be inclusive, not gossip, show respect, seek common ground, repair damaged relationships, use constructive language, and take responsibility. [Approved by the council on May 14, 2018] Monday, August 28, 2017 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Jay Fosle, President Noah Hobbs, Councilor Barb Russ, Councilor Em Westerlund and Councilor Joel Sipress PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PUBLIC HEARING - DULUTH EAST HIGH SCHOOL PERMIT PARKING ZONE PUBLIC HEARING - DULUTH EAST HIGH SCHOOL PERMIT PARKING ZONE APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 17-130 August 14, 2017 Duluth City Council Meeting Minutes Indexes: Attachments: August 14 - Council Meeting Minutes City of Duluth Page 1 City Council Minutes - Final August 28, 2017 These Minutes was approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 2. 17-124 Exempt Permits: Lake Superior Zoological Society, SMDC Medical Center & St.Mary's Medical Center Indexes: Attachments: Exempt Permit - Lake Superior Zoological Society Exempt Permit - SMDC Medical Center Exempt Permit - St. Mary's Medical Center This Other Officers Report was received. 3. 17-129 US Department of Housing & Urban Development - Annual Review Indexes: Attachments: US Department of Housing and Urban Development - Annual Review This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 4. 17-125 Library Board Meeting Minutes Indexes: Attachments: 05-23-2017 - Library Board Meeting Minutes This Board or Commission Report was received. 5. 17-126 Civil Service Board Meeting Minutes Indexes: City of Duluth Page 2 City Council Minutes - Final August 28, 2017 Attachments: 06-06-17 Civil Service Board Meeting Minutes This Board or Commission Report was received. 6. 17-127 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: 06-20-2017 - Duluth Public Utilities Commission Meeting Minutes This Board or Commission Report was received. 7. 17-128 Duluth Parking Commission Resolutions Indexes: Attachments: Duluth Parking Commission July & August Resolutions Duluth Parking Commission March & June Resolutions This Board or Commission Report was received. DISTINGUISHED ARTIST AWARD - Ceclia Lieder REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED RESOLUTIONS TABLED BY COUNCILOR HANSON (PURCHASING & LICENSING) City of Duluth Page 3 City Council Minutes - Final August 28, 2017 BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 17-0374R RESOLUTION AMENDING RESOLUTION 16-0846, ADOPTING LICENSE, PERMIT, FINE, PENALTY, AND OTHER CHARGES FOR 2017, TO REVISE VACANT BUILDING REGISTRATION FEES. This Resolution was adopted unanimously. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 9. 17-0636R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR LAKE SUPERIOR ZOOLOGICAL SOCIETY, AND DUCKS UNLIMITED-ST. LOUIS BAY. Indexes: Attachments: ZOO-08112017112923 DUCKS UNLIMITED-08222017145709 This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 10. 17-0578R RESOLUTION ELECTING MEMBER TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7. This Resolution was adopted unanimously. 11. 17-0592R RESOLUTION CONFIRMING THE APPOINTMENT OF KENNETH City of Duluth Page 4 City Council Minutes - Final August 28, 2017 KIMBER AND SARA VACCARELLA TO THE DULUTH CITIZEN REVIEW BOARD. Indexes: Attachments: Sara Vaccarella Redacted Kimber App This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 17-0582R RESOLUTION AUTHORIZING THE SAINT LOUIS COUNTY HOUSING AND REVELOPMENT AUTHORITY (HRA) TO INVEST FUNDS IN THE CITY OF DULUTH FOR THE GIMAAJII PERMANENT SUPPORTIVE HOUSING UNITS OPERATED BY THE AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION (AICHO). This Resolution was adopted unanimously. 13. 17-0596R RESOLUTION ENTERING INTO AN AGREEMENT WITH AND ACCEPTING $225,773 IN FEDERAL FUNDING FROM SENIOR SERVICE AMERICA, INC. TO OPERATE THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM. Indexes: Attachments: Resolution 17-0596R This Resolution was adopted unanimously. 14. 17-0599R RESOLUTION VACATING THE PLATTED ALLEY BETWEEN MYRTLE STREET AND TEAK STREET, RETAINING A UTILITY EASEMENT OVER THE PART OF ALLEY LYING EASTERLY OF THE EAST LINE OF LOT 25. Indexes: Attachments: Attachment 1 Attachment 2 City of Duluth Page 5 City Council Minutes - Final August 28, 2017 This Resolution was adopted unanimously. 15. 17-0600R RESOLUTION VACATING A PLATTED UTILITY EASEMENT LOCATED WITHIN MAPLE GROVE ACRE TRACTS OF DULUTH. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 16. 17-0602R RESOLUTION VACATING A PORTION OF A PLATTED SEWER EASEMENT AT 21 RIVERSIDE DRIVE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 17. 17-0605R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1108 WEST 8TH STREET (TWIN CITY DEVELOPMENT COMPANY LLC). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 18. 17-0606R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 139 HOWARD GNESEN ROAD (DOUG MCCORISON). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 19. 17-0607R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 5802 LONDON ROAD (KIRK AND MARIANNE BERNADINO). City of Duluth Page 6 City Council Minutes - Final August 28, 2017 Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 20. 17-0608R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 8721 WEST SKYLINE PARKWAY (LISA DUPUIS). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 21. 17-0609R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 420 WEST 9TH STREET (BEN GASNER). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 22. 17-0610R RESOLUTION AUTHORIZING REPROGRAMMING OF $68,645.53 IN FY 2015 AND 2016 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND TRANSFERRING TO FY 2015 AND FY 2016 PROJECTS. This Resolution was adopted unanimously. 23. 17-0611R RESOLUTION VACATING PRINGLE AVENUE, LOWNDES AVENUE, BLODGETT AVENUE, AND GADSDEN AVENUE IN CONJUNCTION WITH THE REPLATTING OF THE LAND INTO THE HARBOR LIGHT PLAT BY THE DULUTH GOSPEL TABERNACLE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final August 28, 2017 24. 17-0614R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 25. 17-0615R RESOLUTION AUTHORIZING AN AMENDED AND RESTATED FUNDING AGREEMENT WITH ST. LOUIS COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, CENTER CITY HOUSING CORP. AND ONE ROOF COMMUNITY HOUSING WHEREBY THE CITY WILL PROVIDE $200,000 IN REPLACEMENT FUNDING FOR THE GATEWAY PROJECT. (REPLACEMENT) Indexes: Attachments: 17-0615R Replacement Exhibit 17-0615 (Original) This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, Hanson, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- President Hobbs 26. 17-0620R RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT WITH JOURNEY HOME MINNESOTA FOR THE SALE OF CITY-OWNED PROPERTY IN THE CODY NEIGHBORHOOD FOR $3,310. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. 27. 17-0625R RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT WITH LAUNCH PROPERTIES, LLC FOR THE SALE OF CITY-OWNED PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR $25,270. Indexes: City of Duluth Page 8 City Council Minutes - Final August 28, 2017 Attachments: Exhibit 1-Resolution Exhibit 3-Resolution Exhibit 2-Resolution This Resolution was adopted unanimously. BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) 28. 17-0587R RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 12, 2017, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION, AND THE NOVEMBER 7, 2017, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. Indexes: Attachments: ElectionJudgeList 2017 RESOLUTION This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 29. 17-0580R RESOLUTION AMENDING A CONTRACT WITH MSA PROFESSIONAL SERVICES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR STREAM DESIGN AND CONSTRUCTION, AN INCREASE OF $140,313.25 FOR A TOTAL AMOUNT NOT TO EXCEED $410,708.25. Indexes: Attachments: Exhibit A for Resolution This Resolution was adopted unanimously. 30. 17-0581R RESOLUTION OF INTENT FOR CONSTRUCTION OF SANITARY SEWER IN WEST NINTH STREET ALLEY BEGINNING 280 FEET NORTHEAST OF 11TH AVENUE WEST AND EXTENDING TO NORTH TENTH AVENUE WEST, THEN EXTENDING NORTHWEST ON NORTH TENTH AVENUE WEST TO WEST NINTH STREET. Indexes: City of Duluth Page 9 City Council Minutes - Final August 28, 2017 Attachments: 17-0581R Map This Resolution was adopted unanimously. 31. 17-0591R RESOLUTION AUTHORIZING JOINT APPLICATION WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2019 - 2020 HIGHWAY FREIGHT PROGRAM GRANT IN THE AMOUNT OF $20,000,000 FOR ROAD IMPROVEMENTS TO EXTEND COURTLAND STREET AND RECONSTRUCT THE 27TH AVENUE WEST BRIDGE OVER I-35. Indexes: Attachments: 17-0591R Map This Resolution was adopted unanimously. 32. 17-0594R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FY 2019 - 2020 HIGHWAY FREIGHT PROGRAM GRANT IN THE AMOUNT OF $525,565 FOR ROAD IMPROVEMENTS TO GARFIELD AND PIEDMONT AVENUES. Indexes: Attachments: 17-0594R Map This Resolution was adopted unanimously. 33. 17-0598R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE WEST SKYLINE PARKWAY RETAINING WALL RESTORATION PROJECT IN THE AMOUNT OF $1,060,174. Indexes: Attachments: 17-0598R Map This Resolution was adopted unanimously. 34. 17-0613R RESOLUTION AUTHORIZING A CONTRACT WITH NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR THE MICHIGAN STREET HOT WATER PIPE INSTALLATION FOR AN AMOUNT NOT TO EXCEED $292,500. City of Duluth Page 10 City Council Minutes - Final August 28, 2017 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 35. 17-0612R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION, FOR CITY ATTORNEY ACCESS TO THE CRIMINAL JUSTICE DATA COMMUNICATION NETWORK FOR A PERIOD OF FIVE YEARS AND AT NO COST TO THE CITY, AND FURTHER AUTHORIZING EXECUTION OF THE COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 36. 17-0619R RESOLUTION AUTHORIZING A DONATION AGREEMENT WITH CAPTAIN LAURENCE H. GRIMES, JR. RELATED TO A SCALE MODEL OF THE AMPHIBIOUS TRANSPORT DOCK SHIP USS DULUTH AND ITS DISPLAY CASE AND FURTHER AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY HISTORICAL SOCIETY TO DISPLAY THE USS DULUTH Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 37. 17-0626R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE MINNESOTA LAND TRUST FOR PROFESSIONAL SERVICES TO SUPPORT THE DEVELOPMENT AND MARKETING OF THE CITY’S OUTDOOR EXPERIENCES IN AN AMOUNT NOT TO EXCEED $135,000. City of Duluth Page 11 City Council Minutes - Final August 28, 2017 Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 38. 17-0627R RESOLUTION ENCOURAGING ALL-GENDER, SINGLE-USER, ACCESSIBLE RESTROOMS ON CITY PROPERTY. This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 39. 17-0616R RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO REDUCE THE REQUIRED MINIMUM LOT FRONTAGE FROM 250 FT TO 0 FT TO CONSTRUCT A DWELLING IN THE RR-1 ZONE DISTRICT BY EDWARD BARBO JR AND CANDACE BARBO Indexes: Attachments: Attachment 1 - PL 17-082 Staff Report and Attachments Attachment 2 - Planning Commission 07-11-17 signed minutes A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Hanson City of Duluth Page 12 City Council Minutes - Final August 28, 2017 40. 17-0617R RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO REDUCE THE REQUIRED MINIMUM LOT FRONTAGE FROM 250 FT TO 0 FT TO CONSTRUCT A DWELLING IN THE RR-1 ZONE DISTRICT BY EDWARD BARBO JR AND CANDACE BARBO Indexes: Attachments: Attachment 1 - PL 17-082 Staff Report and Attachments Attachment 2 - Planning Commission 07-11-17 signed minutes This Resolution failed. Yea: 1- Hanson Nay: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 41. 17-0628R RESOLUTION REDUCING THE SIZE OF THE RESIDENTIAL PERMIT PARKING ZONE AROUND DULUTH EAST HIGH SCHOOL. Indexes: Attachments: Exhibit A Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit A-4 Exhibit A-5 - Passed Motion To Amend (Anderson): Passes Unanimously This Resolution was adopted unanimously. The following entitled ordinances are to be read for the first time: The following entitled ordinances are to be read for the first time: BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) City of Duluth Page 13 City Council Minutes - Final August 28, 2017 42. 17-038-O AN ORDINANCE AMENDING SECTION 13-28 OF THE DULUTH CITY CODE REGARDING DURATION OF SUBSTITUTE APPOINTMENTS WITHIN THE FIRE DEPARTMENT. This Ordinance was read for the first time. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 43. 17-039-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A DECK IN THE PLATTED STREET RIGHT OF WAY OF 19TH AVENUE WEST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 44. 17-040-O AN ORDINANCE AMENDING THE APPROVED CONCEPT PLAN FOR ROCKRIDGE SCHOOL TO ALLOW SPECIALIZED EDUCATION OF UP TO 175 EDUCATIONAL STUDENTS. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 45. 17-041-O AN ORDINANCE AMENDING SECTIONS 50-16.7 AND 50-22.7 TO 50-22.17 OF THE DULUTH CITY CODE TO ALLOW ADDITIONAL BUILDING TYPES IN FORM DISTRICT F-6 AND TO CLARIFY MAXIMUM BUILDING HEIGHTS IN ALL FORM DISTRICTS. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 City of Duluth Page 14 City Council Minutes - Final August 28, 2017 This Ordinance was read for the first time. 46. 17-042-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE CODY NEIGHBORHOOD TO JOURNEY HOME MINNESOTA FOR $3,310. This Ordinance was read for the first time. 47. 17-043-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD TO LAUNCH PROPERTIES, LLC OR ITS ASSIGNS FOR $25,270. Indexes: Attachments: Exhibit A-Ordinance Exhibit B-Ordinance Exhibit C-Ordinance Exhibit D-Ordinance This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: The following entitled ordinances are to be read for the second time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 48. 17-037-O AN ORDINANCE DESIGNATING THE DULUTH WOMAN’S CLUB AT 2400 EAST SUPERIOR STREET AS A DULUTH HERITAGE PRESERVATION LANDMARK. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress City of Duluth Page 15 City Council Minutes - Final August 28, 2017 Nay: 1- Hanson BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 49. 17-034-O AN ORDINANCE AMENDING SECTION 10-3 RELATED TO VACANT BUILDING REGISTRATION REQUIREMENTS Indexes: Attachments: Motion To Amenda: Filipovich - Passed (6-1) Motion To Amenda: Sipress - Passed (8-1) 17-034-O (Original) 17-034-O (Original #2) This Ordinance was adopted. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting adjourned at 8:46 p.m. City of Duluth Page 16